GOVIND MATHUR,J. - (1.) To question legality and validity of the judgment dated October 19, 2005, passed by learned Single Bench in SB Civil Writ Petition No.3205/1992, this appeal is preferred. By the judgment impugned learned Single Bench dismissed the petition for writ preferred by the appellant questioning correctness of the judgment dated 1.5.1992 passed by the Board of Revenue Rajasthan, Ajmer.
(2.) In order to understand factual matrix of the case, it shall be appropriate to give pedigree table of the parties i.e. as under:-
(3.) The disputed land i.e. 42.6 bighas was in khatedari of Smt. Raj Kaur widow of Gurmukh Singh. She executed a registered sale deed on 16.5.1958 in respect of 21.6 bighas of land in favour of Ram Singh and Hajoor Singh. Remaining 21 bighas of land remained under khatedari of Smt. Raj Kaur. After death of Smt. Raj Kaur on 5.8.1961, a suit was filed by Ram Singh and Hajoor Singh for ejectment of Garib Singh and Mal Singh by claiming rights on basis of the sale deed dated 16.5.1958. An other suit was also filed to claim half share of 21 bighas of land under khatedari of Smt. Raj Kaur. The suits were contested by Garib Singh and Gurdev Kaur with assertion that they were in cultivatory possession of the whole land from a substantial period of time and further that they acquired khatedari rights over the land in light of the Gurmukh Singh Surmukh Singh Mal Singh Widow Smt. Raj Kaur (Died on 5.8.1961) Ram Singh Hajoor Singh Kartar Singh Garib Singh Gurdev Kaur provisions of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955'). With regard to the rights claimed on basis of the registered sale deed, said to be executed by Smt. Raj Kaur on 16.5.1958, it was pleaded that the deed was executed by the plaintiffs without paying any consideration to Smt. Raj Kaur by exercising undue influence over her, hence that is of no consequence.;